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Entry into the U.S. using the Advance Parole after green card approval during a trip abroadAuthored on: Fri, 09/23/2022 - 01:00 QuestionBackground: Applied I-485 application under EB3 after downgrade from EB2 in 2020. Refiled another I- 485 application under EB2 in 2021. Received EAD/ AP combo card from EB3 application in Jan 2022. Used it to travel out of country in July 2022. Green card approved in EB2 category while out of country. Entered USA using the Advance Parole from EB3 in August 2022 as the green card was in mailbox in USA. At Port of Entry, I informed them about the approval of I-485. However, they paroled me in for 1 year until August 2023 and stamped Advance pare in my passport. I collected my physical card from the mailbox after reaching my home. Question What is my status now- Green card or Advance parole? Any impact on my green card status with that AP stamp as I used AP from EB3 after approval of green card from EB2? I did not receive any notice form USCIS about withdrawing EB3 application after they granted green card under EB2. Should I ask USCIS to cancel the EB3 application or assume that it is automatically canceled by USCIS? AnswerWas the Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?Authored on: Fri, 09/23/2022 - 00:50 QuestionBackground: 1) PD - Initial Filing - EB2 MAR 2014 (Two Different EB2 filings with two different employers A and B) Questions: 1) Suppose that a congressman's written response from USCIS comes back affirmative for legitimacy of the
approvals quoting USCIS discretionary authority. There is also a recent trend of many such approved cases where the applicant had at least one prior approved EB-2 petition with PD current - so this situation does not seem to be unique any more. 2) You had indicated that until notified otherwise, this LPR card can be used for Travel Purposes. Can it also be used to say take up a second week-end / part time job, renewal of driver's licenses etc. ? 3) If you use this card for any of the above purposes, and unfortunately USCIS response were to be negative, do you lose your status - have to do any reinstatement etc. particularly in the travel situation usage of LPR Card ? 4) Can you continue using your AOS EAD / AP instead during this seemingly weird time window, since that also is a USCIS-issued valid
non-expired travel and work authorization ? In general, can you continue its usage until the expiry date, regardless of your I-485 status ? AnswerI-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485?Authored on: Tue, 09/20/2022 - 06:32 QuestionI-140 was approved and then
revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? AnswerDivorce while I-485 is pending: cross chargeability loss, section 498A criminal complaintAuthored on: Thu, 08/04/2022 - 04:14 QuestionI work on H1B. My I 485 and wife's I-485 was filed in April 2022; AnswerNaturalization issues when one continues to work with the new employer on GC instead of joining back the old employerAuthored on: Thu, 08/04/2022 - 03:58 Question1. My previous employer applied for my GC and it just got approved on 07/15/2022. 2. I joined a new employer 5 months ago using H1B with mutual understanding with my previous employer. In case needed, I would join them back. No I-485J transfer has been done so far. Q: Can I continue to work with my new employer using my GC instead of H-1B? AnswerExperience & education requirements for a PERM/labor certification-based green cardAuthored on: Tue, 07/12/2022 - 03:42 Question1. How often does it happen that an employment-based green card gets rejected or delayed just because the minimum job requirements were low? 2. What could be decent experience & education requirements for a job to successfully get an employment-based green card. 3. My current employer is filing my green card with minimum requirements of a bachelor's and 1~2 years of experience, but my current qualifications are a master's and 2~3 years of experience. So, is it worth finding a new
job and employer where my green card can be filed based on my current higher qualifications? AnswerSTEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green cardAuthored on: Tue, 06/28/2022 - 03:15 Question1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension? 2. Can all my employers start my green process simultaneously? 3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs? 4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small? 5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship? AnswerDenial of downgrade I-140 on the basis of the employer's ability to pay; impact on approved EB-2 and pending I-485?Authored on: Tue, 06/28/2022 - 02:57 QuestionMy EB-2 I-140 was approved in 2014. Like many others, in 2020, I filed for a downgrade from EB-2 to EB-3 with the same employer. The EB-3 I-140 was denied on Ability to Pay grounds. Now, my EB-2 date is current and I have refiled an I-485. Will there be any impact of the denial on my approved EB-2 I-140 and I-485? Answer"Same or similar job" criteria for green card AC21 portabilityAuthored on: Fri, 06/17/2022 - 02:46 Question1) I-485 Filed under EB 3 Downgrade - More than one year back and pending Questions: - AnswerCan a green card be filed while an employee works outside the US?Authored on: Fri, 06/17/2022 - 02:40 QuestionIs it eligible for green card sponsorship if a job allows working remotely? AnswerWhat does I 485J receipt notice mean?What is the I-485J approval notice? The I-485J approval notice means that the job offer has been confirmed and is bonafide by USCIS.
How long does it take for USCIS to send receipt notices 2022?You should receive a receipt notice within 30 days after filing at a Service Center or 30 days after filing at a Lockbox.
What is green card Interfiling?If you filed your green card application based on one category, but you would later like to change the basis, there is a process to do so. The U.S. Citizenship and Immigration Service (USCIS) calls this process a 'change of underlying basis' for your application. However, most people call it 'interfiling'.
What is Supplement J to Form I 485?Use Supplement J to: Confirm that the job offered to you in Form I-140, Petition for Alien Worker, remains a bona fide job offer that you intend to accept once we approve your Form I 485, Application to Register Permanent Residence or Adjust Status.
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